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Q: I am going through a divorce. My wife’s attorney did not serve discovery request on me during the time period allocated. I was recently informed that my wife changed lawyers (3 days before scheduled ESP). Her new lawyer is claiming to file to a motion to ask for discovery to be done based on the grounds of malpractice by my wife’s previous lawyer. They want to get discovery done on the grounds that my wife believes I have transferred martial funds to my dad, when it was infact the pre-marital funds that was left with me by my dad before marriage.
What according to you would be Judge’s stance on this? I have proof of pre-marital funds which should be exempt from equitable distribution.
A: David’s Answer: Hopefully the transfer was not done during the divorce itself, as you would’ve arguably run afoul of the court’s automatic orders. Otherwise, she’s clearly entitled to the disclosure on the issue – whether she’s ultimately able to treat the funds as marital or not would take an analysis of where the funds came from, whether the account was separate or joint, etc. Call a NYC Divorce attorney to schedule a consult for a full assessment. — David Bliven, Bronx Divorce attorney (www.blivenlaw.net)